Wednesday, June 18, 2014 2:49am ET by  
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Lady Gaga 'Judas' plagiarism lawsuit dismissed

A lawsuit launched by a Chicago musician that claimed Lady Gaga ripped off her 1999 song 'Juda' has been dismissed.

Rebecca Francescatti filed the legal action in 2011, alleging that elements of Gaga's 2011 track 'Judas' were stolen from her own song.

However, U.S. District Judge Marvin E. Aspen threw out the case after he ruled that Francescatti 'failed to establish similarity between her song and Gaga's'.

He said: "We conclude as a matter of law that the two songs are not substantially similar. No reasonable trier of fact could find that Defendants copied protected expression in Francescatti’s song. The songs do not 'share enough unique features to give rise to a breach of the duty not to copy another’s work'. Accordingly, we grant Defendant’s motion for summary judgement."

The judge added: "We find that Francescatti has neither established that the elements are protectable nor has she established a unique combination of these unprotectable elements. No reasonable trier of fact could find that the songs’ expressions are substantially similar."

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Listen to the two songs below: